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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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Microfiche 

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Collection  de 
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Canadian  Institute  for  Historical  Microreproductions  /  Institut  canadien  de  microreprodiictions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  c 
to  thi 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


L  Institut  a  microfilme  le  meilleur  exempiaire 
qu'il  lui  a  ete  possible  de  se  procurer.  Les  details 
de  cet  exempiaire  qui  sont  peut-etre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite.  ou  qui  peuveni  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiqu^s  ci-dessous. 


Thei 
possi 
of  thi 
filmii 


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n 
□ 

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Coloured  cover:./ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  endommagee 

Covers  restored  and/or  laminated/ 
Coiiuerturo  restajrde  et/ou  petliculee 

Cover  tide  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g^ographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  ble'je  ou  noire) 

Colourt.d  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relii  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serree  peut  causer  de  I'ombre  ou  de  la 
distorsion  le  long  de  la  marge  interieure 

Bl.^nk  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout^es 
lors  dune  rastauration  apparaissent  dans  le  texts, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  6ti  filmies. 

Additional  comments./ 
Commentaires  supplementaires; 


I      I    Coloured  pages/ 


D 


Pages  da  couleur 


Pages  damaged/ 
Pages  endcmmagees 


E"I    Pages  restor-ed  and/or  laminated/ 
J    Pages  restaurees  et/ou  pelliculees 

I    "j'  Pages  discoloured,  stained  or  foxed/ 


Orjgi 
begir 
the  li 
sion, 
othei 
first  I 
sion, 
or  il!i 


a 


Pages  decolorees,  tachet^es  ou  piquees 


Pages  detache  j/ 
Pages  detachees 


[""VShowthrough/ 
Q i    Transparence 


I      I    Quality  of  print  varies/ 


□ 


Qualite  indgale  de  I'impression 

Includej  supplementary  material/ 
Comprend  du  materiel  supplementaire 


Thei 
shall 
TINU 
whic 

Map! 
diffei 
entir' 
begif 
right 
requi 
meth 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'erra!a,  une  pelure, 
fe'c,  cnt  6te  fi!m6es  d  nouveau  de  facon  a 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  He  reduction  indiqud  ci-dessous. 

10X  14X  18X  22X 


26X 


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12X 


16X 


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The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Metropolitan  Toronto  Library 
Canadian  History  Department 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  r.opy  and  ;n  keeping  with  the 
filming  contract  specifications. 


L'exemplaire  filmS  fut  reproduit  grfice  d  la 
g6n6rosit6  de:  ^ 

Metropolitan  Toronto  Library 
Canadian  History  Department 

Les  images  suivantes  ont  dt6  reoroduites  avec  le 
plus  grand  soin,  compte  tenu  da  la  condition  et 
de  la  nettet6  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  frcnt  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couv&rture  en 
papier  est  imprim^e  sont  film^s  en  comme^  pant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  paye  qui  comporte  une  empreinte 
d'impressicn  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmds  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — •-  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  (3pplies. 


Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  chaque  microfiche,  selon  le 
cas:  le  symbole  — ^-  signifie  "A  SUIVRE".  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  uppe"  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc..  peuvent  6tre 
film6s  6  des  taux  de  r6du£:tion  diffdrents. 
Lorsque  le  document  est  trop  r.rand  pour  etre 
reproduit  en  un  seul  clichd,  il  est  film6  d  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  3n  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  m^thode. 


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1  2  3 

11  I 


1 

2 

3 

4 

5 

6 

26th  Congress, 
15/  Session. 


s 


[SENATE.] 
MESSAGE 


% 


[580] 


^.a 


FROM 


THE  PRESIDENT  OF  THE  UNITED  STATES, 

In  relation  to  the  adjustment  of  the  Northeastern  Boundary. 


June  29,  1840. 
Referred  lo  the  Commiltee  on  Foreign  Relations,  and  orde.ed  to  be  printed. 

To  the  Senate : 

The  importance  of  the  subject  to  the  tranquillity  of  our  country  makes 
it  proper  that  I  should  communicate  to  the  Senate,  in  addition  to  the  in- 
formation heretofore  transmitted  in  reply  to  their  resolution  of  the  17th  of 
January  last,  the  copy  of  a  letter  jusc  received  fi'om  Mr.  Fox,  announcing 
the  determination  of  the  British  Government  to  consent  to  the  principles  ot 
our  last  proposition  for  the  settlement  of  the  question  of  the  northeastera 
boundary,  with  a  copy  of  the  answer  made  to  it  by  the  Secretary  oi  State. 
I  cannot  doubt  thai,  with  the  sincere  disposition  which  actuates  both  Gov- 
ernments to  prevent  any  other  than  an  amicable  termination  of  the  contro- 
versy, it  will  be  found  practicable  so  to  arrange  the  details  of  a  conventional 
agreement  on  the  principles  alluded  to,  as  to  effect  that  object. 

The  Brilish  commissioners,  in  their  report  communicated  by  Mr.  Fox, 
express  an  opinion  that  the  true  line  of  the  tref'.ty  of  1783  is  materially  dif 
ferent  from  ihat  so  lung  contended  for  by  Great  Britain.     The  report  is  al- 
together "xparte  in  its  character,  and  has  not  yet,  as  far  as  we  are  informed, 
been  adopted  by  the  British  Government.    It  has,  however,  assumed  a  form 
sufficiently  authentic  and  important  to  justify  che  belief  that  it  is  to  be  used 
hereafter  by  the  British  Government  in  the  discussion  of  the  question  of' 
boundary ;  and,  as  it  differs  essentially  from  the  line  claimed  by  the  United ' 
States,  an  immediate  preparatory  exploration  and  survey  on  our  part,  by 
commissioners  appointed  lor  that  purpose,  of  the  portions  of  the  territory 
therein  more  particularly  brought  into  view,  would,  in  my  opinion,  be 
proper.    If  Congress  concur  with  me  in  this  view  of  the  subject,  a  provision  • 
by  them  to  enable  the  Executive  to  carry  it  into  effect  will  be  necessf  ry. 

M.  VAN  BOREN. 

Washington,  Jwne  27,  1840. 


Mr.  Fox  to  Mr.  Forsyth. 

Washington,  June  22,  1840.' 

The  undersigned,  her  Britannic  Majesty's  envoy  extraordinary  and  min- 
ister plenipoienijary,  has  the  honor  to  transmit  to  the  Secretary  of  Siato[' 
of  the  United  States,  bv  order  of  his  Government,  the  accomnanving  Driut-' 
Blair  &  Rives,  prm(ei3. 


,1 


L580]  2 

ed  copies  of  a  report  and  map  which  have  been  presented  to  her  Majesty's 
Government  by  Colonel  Mudge  and  Mr.  Featherstonhaugh,  tho  commis- 
sioners employed  during  the  last  season  to  survey  the  disputed  territory. 

The  undersigned  is  instructed  to  say  that  it  v/ill,  of  course,  have  become 
the  duty  of  her  Majesty's  Government  to  lay  the  said  report  and  map  be- 
fore Parliament;  but  her  Majesty's  Government  have  been  desirous,  as  a 
mark  of  courtesy  and  consideiviiion  towards  the  Government  of  the  United 
States,  that  documents  bearing  upon  a  question  of  so  much  interest  and 
importance  to  the  two  countries  should,  in  the  first  instance,  be  communi- 
cated to  the  President.  The  documents  had  been  officially  placed  in  the 
hands  of  her  Majestv's  Government  only  a  few  days  previously  to  the  date 
of  the  instruction  addressed  to  the  undersigned. 

Her  Majesty's  Government  feel  an  unabated  desire  to  bring  the  long 
pending  questions  connected  with  the  boundary  between  the  United  States 
and  the  British  possessions  in  North  America  to  a  final  and  satisfactory  set- 
tlement ;  being  well  aware  that  questions  of  this  nature,  as  long  as  they  re- 
main open  between  two  countries,  must  be  the  source  of  frequent  irritation 
on  both  sides,  and  are  liable  at  any  moment  to  lead  to  events  that  may  en- 
danger the  existence  of  friendly  relations. 

It  is  obvious  that  the  questions  at  issue  between  Grjat  Britain  and  the 
United  States  must  la  beset  with  various  and  really  existing  difficulties,  or 
else  those  questions  would  not  have  remained  open  ever  since  the  year 
1783,  notwithstanding  the  frequent  and  earnest  endeavors  made  by  each 
Government  to  bring  them  to  an  adjustment;  but  h,/ Majesty's  Govern- 
ment do  not  relinquish  the  hope  that  tne  sincere  desire  which  is  felt  by 
both  parties  to  arrive  at  an  arnicub!'^  settlement  will  at  length  be  attended 
with  success. 

The  best  clew  to  guide  the  two  Governments  in  their  future  proceedino-s 
may  erhaps  be  obtained  by  an  examination  of  the  causes  of  past  failure  ; 
and  the  most  prominent  amongst  these  causes  has  certainly  been  a  want  of 
correct  information  as  to  the  topographical  features  and  physical  character 
of  the  district  in  dispute. 

This  want  of  adequate  information  may  be  traced  as  one  of  the  difficul- 
ties which  embarrassed  the  Netherlands  Government  in  its  endeavors  to 
decide  the  points  submitted  to  its  arbitration  in  18:^0.  The  same  has  been 
felt  by  the  Government  in  England  ;  it  has  been  felt  and  admitted  by  the 
Government  of  the  United  States,  and  even  by  the  local  Gover-iment  of  the 
contiguous  State  of  Maine. 

The  British  Government  and  the  Government  of  the  United  States  agreed 
therefore,  two  years  ago,  that  a  survey  of  the  disputed  territory,  by  a  joint 
commission,  would  be  the  measure  best  calculated  to  elucidate  and  solve 
the  questions  at  issue.  The  President  proposed  such  a  commission,  and 
her  Majesty's  Government  consented  to  it ;  and  it  was  believed  by  her  Ma- 
jesty's Government  that  the  general  principles  upon  which  the  commission 
was  to  be  guided  in  its  local  operations  had  been  settled  by  mutual  agree- 
ment, arrived  at  by  means  of  a  correspondence  which  took  place  between 
the  two  Governments  in  1837  and  183S,  Her  Majesty's  Government  ac- 
cordingly transmitted,  in  April  of  last  year,  for  the  consideration  of  the 
President,  the  draught  of  a  convention  to  regulate  the  proceedings  of  the  pro- 
posed commission.  The  preamble  of  that  draught  recited  textually  the 
agreement  that  had  bi^en  come  to  by  means  of  notes  which  had  been  ex- 
changed between  the  two  Governments ;  and  the  articles  of  ihp.  dranahr 


ti 


[580] 


were  framed,  as  her  Majesty's  Government  considered,  in  strict  conformity 
with  that  aoreement. 

But  the  Government  of  the  United  States  did  not  think  proper  to  assent 
to  the  convention  so  proposed. 

The  United  States  Government  did  not,  indeed,  allege  that  the  proposed 
conv.  ition  was  at  variance  with  the  result  of  the  previous  correspondence 
between  the  two  Governments;  but  it  thought  that  the  convention  would 
establish  a  commission  of  "  mere  exploration  and  survey ;"  and  the  Presi- 
dent was  of  opinion  that  the  step  next  to  be  taken  by  the  two  Governments 
should  be  to  contract  stipulations,  bearing  upon  the  foce  of  them  the  pro- 
mise of  a  final  settlemeni,  under  some  form  or  other,  and  within  a  reason- 
able time. 

The  United  States  Government  accordingly  transmitted  to  the  under- 
signed, for  communication  to  her  Majesty's  Government,  in  the  month  ot 
July  last,  a  counter-draught  of  convention,  varying  considerably  in  some 
parts  (as  the  Secretary  of  State  of  the  United  States  admitted,  in  his  letter 
to  the  undersigned  of  the  29th  of  July  last)  from  the  draught  proposed  by 
Great  Britain.  But  the  Secretary  of  State  added,  that  the  United  States 
Government  did  not  deem  it  necessary  to  comment  upon  the  alterations  so 
made,  as  the  text  itseh  of  the  counter-draught  would  be  found  sufficiently 
perspicuous. 

Her  Majesty's  Government  might  certainly  well  have  expected  that  some 
reasons  would  have  been  given  to  explain  why  the  United  States  Govern- 
ment declined  to  confirm  an  arrangement  wliich  was  founded  upon  propo- 
sitions made  by  that  Government  itselt,  and  upon  modifications  to  which 
that  Government  had  agreed  ;  or,  that  if  tlie  American  Government  thought 
the  draught  of  convention  thus  proposed  was  not  in  conformity  with  the  pre- 
vious agreement,  it  would  have  pointed  out  in  what  respect  the  two  were 
considered  to  differ. 

Her  Majesty's  Government,  considering  the  present  state  of  the  boundary 
question,  concur  with  the  Government  of  the  United  States  in  thinking  that 
it  is,  on  every  account,  expedient  that  the  next  measure  to  be  adopted  by  the 
tvvo  Giivernmcnts  should  contain  arrangements  which  will  necessarily  lead 
to  a  final  settlement ;  and  they  think  tliat  the  convention  which  they  pro- 
posed last  year  to  the  President,  instead  of  being  framed  so  as  to  constitute 
a  mere  commission  of  exploration  and  survey,  did,  on  the  contrary,  contain 
stipulations  calculated  to  lead  to  the  final  ascertaiimient  of  the  boundary 
between  the  two  countries. 

There  was,  however,  undoubtedly,  one  essential  difference  between  the 
British  draught  and  the  American  counter-draught.  The  British  draught 
contuin^'d  no  provision  embodying  the  principle  of  arbitration.  The  Amer- 
ican counter-draught  did  contain  such  a  jirovision.  ; 

The  British  draugfit  contained  no  provision  for  arbitration,  because  the 
principle  of  iirbitration  had  not  been  proposed  on  either  side  during  the  ne- 
gotiations upon  which  that  draught  was  founded  ;  and  because,  moreover,  it 
was  understood,  at  that  time,  that  tli3  principle  of  arbitration  would  be  de- 
cidedly objected  to  by  the  United  State-s. 

But  as  the  United  States  Governmerit  have  now  expressed  a  wish  to 
embody  the  principle  of  arbitration  in  the  proposed  convention,  her  Majesty's 
Government  are  perfectly  willing  to  accede  to  that  wish. 

The  undersiojned  is  accordingly  instructed  to  state,  ofiicially,  to  Mr.  For- 
syth, that  her  Majesty's  Government  consent  to  the  two  principles  which  form 


'I 

4 

it 


r580]  4 

the  main  foundation  of  the  American  counter  draught,  namelv :  first  that 

o'.Tr:?r  '"  ^'  rr""'^  ''^''^"  ^^  ^^  con.t„utPd  «'«  necess\.r.ly  o  ead 
to  a  final  settlement  of  the  questions  of  boundary  at  iss.^o  between  the  two 
countries ;  and,  secondly,  that,  in  order  to  secure  such  a  result  tecr 
ri'rhit  'r''^''^  ^'^'  commission  is  to  be  created  shall  contain  a  pro  vis  on 

Lers",^;'  notT  K"f  ''*'  ''  ''''''^'  '^'  ^""^'^  «"^  An.erican^connr 
Bioners  may  not  be  able  to  agree. 

matiers  ot  detail  iri  the  American  counter-draugh.  which  her  Maiestv's  Gov- 
ernmen  cannot  adopt.  The  ..ndersigned  wilf  be  finnished  V  om  Hs  Gov- 
ernment,byan  early  opportunity,  with  an  amended  draught,   n'/r  or mitv 

President.     And  the  undersigned  expects  to  be  al  the  sam;  fin-  '.^r-ished 
with  instructions  to  propose  to  the  Government  of  tl;.  Unif  d  t^iates  a  fr  "sh 
local,  and  temporary  convention,  for  the  better  prevent'on  oi  in.ia^:-    ho,d.r 
collisions  w,  hin  the  disputed  territory  during'the  time  thu:  rnay  be  'c S 
in  carrying  t!,rongh  the  operations  of  survey  or  arbiirati-n   ^  ^   ^  ^^ 

«f  X  f  ""^^'■''^""'^  •'"'''^i!'  ^™^'^'^  °f  ^^'^  occasion  to  re.  ^^  \o  the  Se-retarv 
of  State  the  assurance  of  his  distinguished  consideration.  ^       ^ 

Hon.  John  Forsyth,  (^c.  ^'c.  i^c.  ^'  ^^^' 


Mr.  Pors7jth  to  Mr.  Fox. 

Department  op  Statk, 
^.  ,      .        ,  Washington,  June  26,  1840. 

The  imdersigned.  Secretary  of  State  of  the  United  States,  has  had  the 
honor  to  receive  a  note  addressed  to  him  on  the  22d  instant  bv  Mr  Fov 
envoy  extraordinary  and  minister  plenipotentiary  of  Great  Briiain  enclosl 
ing  printed  copies  of  the  report  and  n.ap  laid  before  the  British  Gov^rim  en 
by  he  commissioners  employed  during  the  last  season  to  su  vey  Xe  e. ri 
tory  ,n  dispute  between  the  two  countries,  and  communicating  the  consen 
of  her  Britannic  Majesty's  Government  to  the  two  principles  which  form 

«»  Jm^J?'^"'"^"''^'  ^^^'"-  '^^^  ^'-  ^«^'«  "o^^  before  the  President  is  in. 
structed  to  say  ,n  answer,  that  the  President  duly  appreciates  the  mo  ives 

1  o    th7  Unifd  TT'^  ''/  ''"^"'^  GovernLr^t'  to  communrca  to 
tnatot    he  United  States  the  documents  referred  to;  and  that  he  derives 
great  satisfaction  from  the  announcement  that  her  Majes^s  Gov'ernn  In 
aonot  rehnquish  the  hope  that  the  sincere  desire  wlich^s  felt  bv  both 

?:^c:sV^'nT'f:om2T""''?r,^^^  ''  '^'^^^  hemtended'wUh 

fnXfu'rnished  Tv    n  ^T^'''  ^''^•^"'  ^^  ^'-  ^^"^  ^^  ^is  being  accord- 
ingly  lurnished,  by  an  early  opportunity,  with  the  draught  of  a  nronosition 
amended  m  conformity  with  the  principles  to  which  he?  M^esty's  GoTem! 
ment  has  acceded,  to  be  submitted  to  the  consideration  of  til  Govern. 

Mr.  Fox  states  that  his  Government  might  have  expected  that,  when  the 

tZhZ  ZTit'^'T  ''''.  communicated  to  him,^some  reasm7s  woSd' 
nave  been  given  to  explain  whv  fho  iinitoH  G.^fp.,  r-vc-. t   ^    r     j 

accepting  the  British  draught  of  con  vention  ;  or  that,  if  it  thought  the  draught 


\i 


5  [  580  ] 

was  not  in  conformity  with  previous  agreement,  it  would  have  pointed  out 
m  what  respect  the  two  were  considered  to  differ. 

In  the  note  which  the  undersigned  addressed  to  Mr.  Pox  on  the  29th 
July  of  last  year,  transmitting  the  American  counter-draught,  he  stated  that 
in  consequence  of  the  then  recent  events  on  the  frontier,  and  the  danger  of 
collision  between  the  citizens  and  subjects  of  the  two  Governments,  a  mere 
commission  of  exploration  and  survey  would  be  inadequate  to  the  exigen- 
cies of  the  occasion,  and  fall  behind  the  just  expectations  of  the  people  of 
boih  countries ;  and  referred  to  the  importance  of  having  the  measure  next 
adopted  bear  upon  its  face  stipulations  which  must  result  in  a  final  settle- 
ment, under  some  form,  and  in  a  reasonable  time.  These  were  the  reasons 
which  induced  the  President  to  introduce  in  the  new  projet  the  provisions 
which  he  thought  calculated  for  the  attainment  of  so  desirable  an  object  ■ 
and  which,  in  his  opinion,  rendered  obviously  unnecessary  any  allusion  to 
the,  previous  agreements  referred  to  by  Mr.  Fox.  The  President  is  grati- 
fied to  find  chat  a  concurrence  in  those  views  has  brought  the  minds  of  her 
Majt  sty's  Government  to  a  similar  conclusion  ;  and  from  this  fresh  indica- 
tion of  harmony  in  the  wishes  of  the  two  cabinets,  he  permits  himself  to 
anticipate  the  most  satisfactory  result  from  the  measure  under  considera- 
tion. 

The  undersigned  avails  himself  of  the  opportunity  to  offer  to  Mr.  Fox 
renewed  assurances  of  his  distinguished  consideration. 

„  ^  ^       ^  JOHN  FORSYTH. 

H.  S.  Fox,  Esq., 

Envoy  Extraordinary^  d^c,  ^c.  S^c. 


I 


